FastbackJon
Member
What is the name of your state (only U.S. law)? IDAHO
Road trip driving into small town in Idaho with several other vehicles. My speedometer had broken an hour before.
I was pulled over and let the officer know the speedometer has just broken. He seemed understanding until I said I was coming into town with other vehicles to which he replied that he was going to go easy on me until I said that, and that there was no one around me. I replied there was a truck with a canopy I was coming into town with, he disagreed and I was cited for 57 in a 35.
Request for discovery including the dash cam provided the following attachments. The sworn affidavit was not signed by the officer I noticed.
The video also shows not one, but two trucks with canopies that I was coming into town with. The video also shows me driving before and after the indicated milepost at an average speed of 34.8 mph (roughly 1/3 mile in 35 seconds). When I drove past the officer I observed he was distracted and talking on his cell phone.
I'm not sure if it matters, but I may also be able to show a prejudice/discrimination against the type of vehicle I was driving as the officer asks several questions on audio regarding how fast I think my car can go.
How should I approach this? Can I just object when they start to admit the sworn statement as inadmissible evidence as the officer neglected to sign it? And then move for a dismissal of the case due to lack of evidence?
http://img251.imageshack.us/img251/7307/img001xw.jpg
http://img810.imageshack.us/img810/26/img012b.jpg
http://img718.imageshack.us/img718/5589/img013sl.jpg
http://img715.imageshack.us/img715/4272/img014r.jpg
http://img265.imageshack.us/img265/798/img015yz.jpg
Road trip driving into small town in Idaho with several other vehicles. My speedometer had broken an hour before.
I was pulled over and let the officer know the speedometer has just broken. He seemed understanding until I said I was coming into town with other vehicles to which he replied that he was going to go easy on me until I said that, and that there was no one around me. I replied there was a truck with a canopy I was coming into town with, he disagreed and I was cited for 57 in a 35.
Request for discovery including the dash cam provided the following attachments. The sworn affidavit was not signed by the officer I noticed.
The video also shows not one, but two trucks with canopies that I was coming into town with. The video also shows me driving before and after the indicated milepost at an average speed of 34.8 mph (roughly 1/3 mile in 35 seconds). When I drove past the officer I observed he was distracted and talking on his cell phone.
I'm not sure if it matters, but I may also be able to show a prejudice/discrimination against the type of vehicle I was driving as the officer asks several questions on audio regarding how fast I think my car can go.
How should I approach this? Can I just object when they start to admit the sworn statement as inadmissible evidence as the officer neglected to sign it? And then move for a dismissal of the case due to lack of evidence?
http://img251.imageshack.us/img251/7307/img001xw.jpg
http://img810.imageshack.us/img810/26/img012b.jpg
http://img718.imageshack.us/img718/5589/img013sl.jpg
http://img715.imageshack.us/img715/4272/img014r.jpg
http://img265.imageshack.us/img265/798/img015yz.jpg